17 August 2006
The Department of Health takes note of the Constitutional Court judgement of
17 August 2006 in the matter between Doctors for Life vs the National Assembly,
National Council of Provinces (NCOP) and the Department of Health.
The Department wishes to clarify the following points on the court ruling
that:
* The Constitutional Court judgement does not apply to the existing Choice
on Termination of Pregnancy Act, Act 92 of 1996, as the Act still applies in
its totality.
* Instead it is the 2004 Amendment to this Act that has been declared
unconstitutional.
* The unconstitutionality of the two Acts does not relate to the content or
substance thereof but the parliamentary processes
The Department notes from the judgement that the court did not find the
provisions of the said Acts unconstitutional but rather pointed specifically to
the legislative process that was followed by Parliament in passing the two
Acts. The court ruled that "(NCOP) did not comply with its obligation to
facilitate public involvement as contemplated by section 72 (1) (a) of the
Constitution".
The Department further accepts the decision of the court to grant Parliament
18 months within which to make ratifications on the two Acts in accordance with
the provisions of the Constitution so far as public participation is concerned.
The Department trusts that the due process will indeed be affected by all
relevant stakeholders and the end product of the two Acts will be a true
reflection of the will of the people of this country.
Further information on the legislative process followed in passing the said
Acts can be obtained from Parliament.
Enquiries: Solly Mabotha (Chief Directorate: Communications)
Cell: 083 678 9860
Issued by: Department of Health
17 August 2006
